HomeMy WebLinkAbout20133336.tiffHEARING CERTIFICATION
DOCKET NO. 2013-83.b
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0032, FOR A MAJOR FACILITY OF A PUBLIC UTILITY (ONE 115 KV
TRANSMISSION LINE EXTENDING APPROXIMATELY 2.5 MILES) IN THE
A (AGRICULTURAL), R-1 (LOW DENSITY RESIDENTIAL) AND 1-3 (INDUSTRIAL)
ZONE DISTRICTS - PUBLIC SERVICE COMPANY OF COLORADO
A public hearing was conducted on December 11, 2013, at 10:00 a.m., with the following
present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated October 18, 2013, and duly published
October 23, 2013, in the Greeley Tribune, a public hearing was conducted on November 27,
2013, to consider the request of Public Service Company of Colorado, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0032, for a Major Facility of a
Public Utility (one 115 kV transmission line extending approximately 2.5 miles) in the
A (Agricultural), R-1 (Low Density Residential) and 1-3 (Industrial) Zone Districts. At said
hearing the Board continued the matter to December 11, 2013, to allow staff to be present.
Brad Yatabe, Assistant County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written for proposed transmission lines for the Lucerne 1 and Lucerne II Gas Plants. He
reviewed case history; this application was referred by the Board back to the Department of
Planning Services on October 2, 2013, allowing additional time for the companies to address
concerns of impacted landowners and review alternative routes. He reviewed additional dates
and noted Public Service has since met with surrounding land owners and worked out
acceptable agreements.
Ei Commissioner Kirkmeyer requested time for review of the Board's minutes from the Board
meeting held on October 2, 2013. Mr. Ogle confirmed that the alignment has not been altered
since that time.
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Don Carroll, Department of Public Works, and Lauren Light, Department of Public Health
and Environment, stated there have been no changes since the last hearing.
e Derek Holscher, Xcel Energy, representing the applicant, said Public Service heard the
concerns of the landowners and decided to forego pursuing the other routes and continue to
work on the issues of compensation and other concerns with the proposed one. On November
15, 2013 they brought the project back before the Planning Commission with success.
Patrick Groom, representing DCP Midstream, LLC, said he was not present at the previous
hearing, but realizes landowners had expressed concerns and objections and said DCP took a
more active role in these negotiations because DCP believes this proposed route is the most
efficacious, affects the least landowners and has the least impact on farming operations and
future development projects. He said Mr. Hoshiko's concerns have been addressed, but if there
are remaining concerns DCP will address them. He confirmed this proposed route directly
affects four property owners, and the only objection came from Hoshiko Farms. Commissioner
Conway said that other landowners had raised issues as well, and Mr. Groom confirmed their
concerns were also addressed.
Ei Dennis Hoshiko concurred and expressed gratitude to the County and the companies for
their diligent efforts to make the application amenable to all parties. In response to
Commissioner Conway, he noted his preference for reducing the easement to 50
feet. Commissioner Kirkmeyer clarified this will still be an overhead line, not a buried line, which
will cause difficulties with aerial spraying. Mr. Hoshiko clarified that arrangements have been
made to alleviate those concerns. He confirmed the immediate neighbors are all amenable.
E Mr. Groom addressed the issue of the easement reduction, saying that decision won't be
made for some weeks, noting Mr. Hoshiko will be allowed to make that final decision before
entering into the easement agreement, and asked the Board to approve an easement up to 75
feet. Chair Garcia found that language in Development Standard #5, and Condition of Approval
#2.F.4, and there was further discussion of conditions affecting easements. E In response to
Commissioner Kirkmeyer, Mr. Groom said the lowest point in the land is called the sag, so there
is a larger easement to allow for the length of the line, and the sag point is narrower with a
shorter span (more poles), and claimed that an underground line would not change the size of
the needed easements. In response to Commissioner Conway, he confirmed these are in -line
with National Electric Safety Code requirements. Mr. Groom said the easements being
negotiated are non-exclusive and don't interfere with surface rights, so long as the Public
Service Company use is not affected. He said underground lines have impacts with installment,
and must be replaced approximately every 25 years, and the cost would mean that electricity
bills generated by the plant would increase. He stated they feel the impact of the overhead lines
makes the most sense financially and for the landowners.
El The Board concurred that Condition of Approval #2.F.4 be changed to read "up to" a 75
foot easement. Commissioner Kirkmeyer spoke regarding burying the lines, noting it is in DCP
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and Excel's best interest to have above ground lines. She said she has a similar line a quarter
mile from her property line. They are unattractive to look at and difficult to farm around, and
described the industry as bullying with the threat of imminent domain and the landowners are at
a disadvantage because what they can sell the property for is not equivalent to what they are
using it for. She also stated that other properties in the area will also be affected, not just
Mr. Hoshiko, and having to pay for underground lines may just be the cost of doing business
and they should have opted to bury the line.
Commissioner Rademacher concurred with Commissioner Kirkmeyer's comments; the
buried lines will still be disturbing the ground, but these are truly a nuisance to farm around.
El Commissioner Freeman noted the landowner is satisfied with the arrangement and that
100 -foot easements that reduce the number of poles would be his preference.
Commissioner Kirkmeyer reiterated that she has been through these negotiations, and if
more landowners understood that the Board of County Commissioners is supportive of making
the utilities bury the lines they might feel they had the leverage to ask for that. PI
Commissioner Conway said this situation is food for thought, but with this particular USR
accommodations have been agreed upon. He concurred with previous comments, but noted
the Board sent a message by referring the matter back to Planning after the first hearing. He
stated these discussions will continue and the applicant here today is listening intently and
realizes these issues will come back around, and expressed his support of the project. He also
noted the unintended consequences of additional cost to bury the lines gets passed along to the
consumers. ID Chair Garcia concurred with Commissioner Freeman. Mr. Holscher
clarified that there are transition structures and 20x40 foot vaults have to be built with
underground lines, which also obstruct farming, and they did explore and consider that option.
Ii In response to Chair Garcia, Mr. Holscher said he and the applicant have reviewed, and
agree to abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Rademacher expressed appreciation for the applicant working with
landowners on the above ground structures, but he said if Mr. Hoshiko had thought he had the
option to bury these lines, that is what he probably would have wanted. El Commissioner
Kirkmeyer reiterated her earlier comments, rejected the arguments against burying the lines and
reiterated the price of the easement is the base value of the property, and nothing else, and said
she would like to level the playing field for the landowners, and, in addition, the towers also
decrease the property values, and therefore she remains opposed. E Commissioner
Conway expressed appreciation for these comments, but the Board told the parties involved to
go back and negotiate with the landowners, and they did that, and reached an accommodation,
and, therefore, he is in favor of this individual USR.
EI Commissioner Conway moved to approve the request of Public Service Company of
Colorado for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0032, for a Major Facility of a Public Utility (one 115 kV transmission line extending
approximately 2.5 miles) in the A (Agricultural), R-1 (Low Density Residential) and 1-3
(Industrial) Zone Districts, based on the recommendations of Planning staff and the Planning
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Commission, with the Conditions of Approval and Development Standards as amended and
entered into the record. The motion was seconded by Commissioner Freeman for the same
reasons expressed by Commissioner Conway. Upon a roll call vote the motion passed 3/2, with
Commissioners Kirkmeyer and Rademacher opposed.
There being no further discussion, the hearing was completed at 12:47 a.m.
This Certification was approved on the 16th day of December, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD C,Q. G1E' COLORADO
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Weld County Clerk to the Board
BY:
Deputy Cle
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William F. Garcia, Chair
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Douglafi Radema her, Pro-Tem
Sean P. Conway
Mike Freeman
Barbara Kirkmeyer r
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